Can You Recover Compensation in a Car Accident Even if You Are Partially Responsible?
Tennessee has some strict rules about who can make an effective claim for damages in an auto accident. What happens when you are found partially at fault for the collisions? Can you recover damages even then? Yes, you can. Tennessee adopted the modified comparative fault system in 1992, which allows a person to recover damages in an accident depending on their percentage of fault in the accident as long as their fault is less than the fault of the other parties.
For example, you are driving in town using the GPS on your phone, which you have balanced on the seat next to you. You are looking around for your next turn when the phone slides to the floor. You reach down to grab it, but you sit back up just in time to see another car come barreling through the intersection and slam into your car. The driver of the car that hit you blew through a stop sign, however if you had been paying attention to the road and not distracted by your phone, you would likely have been able to avoid the crash or the crash would not have been so severe.
The driver of the other car is assigned 80 percent of the fault in the crash and you are assigned 20 percent of the fault. As long as the jury assigns you, the injured party, with 49 percent or less of the fault, you are entitled to compensation, but the amount of money you are allowed to recover will be reduced by the percentage of your fault in the crash. So using the example above, if your damages were $100,000 your verdict would be reduced by 20% to $80,000. Tennessee is one of a dozen states in the United States that follow the 50 percent rule under modified comparative fault. If the jury decides that the plaintiff’s percentage of the liability is 50 percent or more, they will not qualify to recover any damages.
If you have been injured in a car crash, and you think that you might be at least partially at fault, you may still be able to recover damages for your medical bills, lost wages, property damage and any other losses you might have suffered in the crash. This would be a good time to schedule a free consultation with a Jackson auto accident attorney to discuss your legal options. Whatever you do, though, do not admit fault to anyone after the accident: not your passengers, not the driver of the other car, and not the police. Tell the truth about what happened, but do not say the words “This was my fault.”
If you have been involved in an auto accident in West Tennessee, and the insurance company said that your action contributed to the cause of the accident, you may want to speak to an experienced car crash attorney at the law offices of Bailey & Greer, PLLC. Please contact us to schedule a consultation at our Memphis or Jackson office to discuss your case.
At Bailey & Greer, PLLC we do everything in our power to assuage those fears, and to help our clients find resolutions to their problems. Our Memphis-based law firm offers a wide variety of legal services to individuals and families throughout West Tennessee. When you are hurt, you can trust the injury attorneys of Bailey & Greer.
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